Bristol-Myers Squibb & Co. v. Matrix Labs. Ltd. (Second Circuit)
Bristol-Myers Squibb maintains a patent over atazanavir, a drug used to treat HIV/AIDS. In order to ensure that HIV/AIDS victims in India and Africa could access the drug, Bristol-Myers permitted a competitor, Mylan, to sell atazanavir within a defined territory. The contract prohibited Mylan from selling or otherwise transferring the drug to any third parties who might export it outside the defined territory. BMS sued Mylan for selling the drug to the Pan American Health Organization for distribution in Venezuela. The district court dismissed BMS’s complaint, and we appealed that decision to the Second Circuit.